News & Analysis as of

Safe Drinking Water Act

Holland & Knight LLP

The PFAS Drinking Water Rule Under the Second Trump Administration

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Major trade associations and water systems filed suit to challenge the Biden-era U.S. Environmental Protection Agency's (EPA) National Primary Drinking Water Rule for six per- and polyfluoroalkyl substances (PFAS) under the...more

Pillsbury - PFAS Observer

Court Grants Additional 30-Day Pause in PFAS Drinking Water Rule Litigation

On April 10, 2025, at the request of the Environmental Protection Agency (EPA), the U.S. Court of Appeals for the District of Columbia Circuit extended the stay by 30 days in American Water Works Association, et al. v. EPA,...more

Womble Bond Dickinson

Nondelegation and Environmental Law - March 2025

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Last week, the Supreme Court held oral argument in Federal Communications Commission v. Consumers’ Research. The case addresses the Federal Communications Commission’s Universal Service Fund programs aimed at providing...more

Farella Braun + Martel LLP

EPA Signals Potential Change of Position Regarding Key 2024 PFAS Rulemakings

In February 2025, newly installed EPA leadership sought and obtained orders from the D.C. Circuit Court of Appeals staying pending legal challenges to two key rulemaking actions by the former administration: the setting of...more

Keller and Heckman LLP

February 2025 Bounty Hunter Plaintiff Claims

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California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things, sellers of products to provide a “clear and reasonable warning” if use of the product results...more

Latham & Watkins LLP

EPA Grants West Virginia Primacy for Class VI Wells

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This grant of authority could accelerate the permitting process for carbon capture and storage projects in the state. On February 18, 2025, the US Environmental Protection Agency (EPA) approved a final rule granting West...more

Troutman Pepper Locke

NJDEP Heightens the Hurdle to Achieve Closure of Groundwater Remediation Cases

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Effective February 3, 2025, the New Jersey Department of Environmental Protection (NJDEP) adopted amendments to the Ground Water Quality Standards (GWQS), N.J.A.C. 7:9C. The amendments updated the groundwater quality criteria...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Drinking Water Enforcement: Arkansas Drinking Water Update Publication Announces Enforcement Orders for Three Water Systems

The Fall 2024 edition of the publication Arkansas Drinking Water Update (“Update”) summarized Enforcement Orders that were issued for three Arkansas water systems. The Update is published by the Engineering Section of...more

Steptoe & Johnson PLLC

U.S. EPA Approves West Virginia’s Request for Primacy Regarding Issuance of Class VI Injection Well Permits

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The U.S. Environmental Protection Agency (EPA) has approved West Virginia’s application to obtain authorization and primacy regarding the issuance of permits for Class VI underground injection control (UIC) wells. This...more

Beveridge & Diamond PC

New Chemical Identified in Chloraminated Drinking Water: Implications for Water Treatment Facilities and Chloramine Manufacturers

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After more than forty years of research, scientists finally determined the molecular formula of a chemical found in chloraminated drinking water. Using advanced analytical techniques, researchers detected and characterized...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Safe Drinking Water Act Enforcement: U.S. Department of Justice and Thermal, California Mobile Home Park Enter into Consent Decree

The United States Department of Justice (“DOJ”) on behalf of the federal Environmental Protection Agency (“EPA”) entered into a January 16th Consent Decree (“CD”) with the operators of the Oasis Mobile Home Park (“Park”) for...more

Cozen O'Connor

Democratic AGs Pour Support into Limiting PFAS in Drinking Water

Cozen O'Connor on

A group of 18 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the D.C. Circuit in American Water Works Association v. EPA (No. 24-1188) supporting the EPA’s defense of its Final Rule establishing...more

MG+M The Law Firm

EPA Argues PFAS Maximum Contaminant Levels Are Lawful and in Accordance With Statutory Procedure

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On April 10, 2024, the United States Environmental Protection Agency (EPA or Agency) promulgated the first-ever national, legally enforceable maximum contaminant levels (MCLs) for six per- and polyfluoroalkyl substances...more

MG+M The Law Firm

Miscalculated Estimates: The Imminent Financial Burden of EPA's 2024 PFAS Maximum Contaminant Levels

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Per- and polyfluoroalkyl substances (PFAS) are synthetic chemicals used in a wide range of consumer products since 1947, known for their strong carbon-fluorine bonds. These bonds make PFAS resistant to breakdown, earning them...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Lead and Copper Rule/Safe Drinking Water Act: Natural Resources Defense Council Intervention in the United States Court of Appeals...

The Natural Resources Defense Council (“NRDC”) and two other environmental organizations filed on December 20th a document styled: Motion of Newburgh Clean Water Project, Natural Resources Defense Council, and Sierra...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Lead and Copper Rule/Safe Drinking Water Act: American Water Works Association Petition Before the United States Court of Appeals...

The American Water Works Association (“AWWA”) filed on December 13th a document styled: Petition for Review of the Lead and Copper Rule Improvements (“LCRI”)....more

Stinson LLP

Trump's First 100 Days: Environmental

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At a high level, President-elect Trump is expected to issue executive orders to pause pending rules, use the Congressional Review Act to withdraw recently finalized rules, and halt agency activity while the administration...more

McGuireWoods LLP

Contaminants Compass: December 2024 Edition

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“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS). This edition discusses...more

UB Greensfelder LLP

Is PFAS the Next Asbestos?

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PFAS (per- and polyfluoroalkyl substances) are a group of thousands of chemicals manufactured since the 1940s for use in consumer products and industrial processes. This article presents an overview of the PFAS phenomenon. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Sixth Unregulated Contaminant Monitoring Rule/Safe Drinking Water Act: Food and Water Watch Petition Seeking Inclusion of...

Food and Water Watch and dozens of other environmental organizations submitted a November 25th petition to the United States Environmental Protection Agency (“EPA”) requesting that microplastics be included in the Sixth...more

K&L Gates LLP

Petition Calls for EPA to Monitor Microplastics in Drinking Water

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On 25 November, the US Environmental Protection Agency (EPA) received a petition signed by over 100 consumer advocacy groups calling for the EPA to develop a monitoring program for microplastics in drinking water. If...more

Farella Braun + Martel LLP

The Impacts of the Nation’s First Textiles EPR Law

California Senate Bill (S.B.) 707, the Responsible Textile Recovery Act of 2024, was signed by Gov. Gavin Newsom on Sept. 28 and is the first extended producer responsibility (EPR) law specific to textiles in the U.S. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PFAS National Primary Drinking Water Regulation Monitoring/Reporting: U.S. Environmental Protection Agency Issues Guidance...

The United States Environmental Protection Agency’s (“EPA”) Office of Ground Water and Drinking Water issued a November 21st guidance memorandum titled: PFAS National Primary Drinking Water Regulation Monitoring and...more

Brownstein Hyatt Farber Schreck

Leading the Way: New EPA Rule Gives 10 Years to Replace Lead Drinking Water Service Lines

Under the U.S. Environmental Protection Agency’s (EPA) Lead and Copper Rule Improvements (LCRI) announced on Oct. 8, 2024, EPA has shifted its focus from addressing lead exceedances in drinking water to preventing lead in...more

McGlinchey Stafford

Balancing Fluoride and Public Health: The Safe Drinking Water Act has Fluoride in its Crosshairs

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The relationship between fluoride in public water supplies and the regulatory framework of the Safe Drinking Water Act (SDWA) has gained renewed scrutiny following the recent Food & Water Watch, Inc. v. EPA case. Fluoride,...more

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